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Maryland Manual, 1967-68
Volume 173, Page 707   View pdf image (33K)
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MARYLAND MANUAL 707
and the same is hereby proposed to Section 40A of Article
III of the Constitution of Maryland, title "Legislative De-
partment," the same if adopted by the legal and qualified
voters of the State, as herewith provided, to become a part
of the Constitution of Maryland, and to read as follows:
40A.
The General Assembly shall enact no law authorizing
private property to be taken for public use without just
compensation, to be agreed upon between the parties, or
awarded by a jury, being first paid or tendered to the party
entitled to such compensation, but where such property is
situated in Baltimore City and is desired by this State or
by the Mayor and City Council of Baltimore, the General
Assembly may provide that such property may be taken
immediately upon payment therefor to the owner or owners
thereof by the State or by the Mayor and City Council of
Baltimore, or into court, such amount as the State or the
Mayor and City Council of Baltimore, as the case may be,
shall estimate to be the fair value of said property, provided
such legislation also requires the payment of any further
sum that may subsequently be added by a Jury; and further
provided that the authority and procedure for the immediate
taking of property as it applies to the Mayor and City
Council of Baltimore on June 1, 1961, shall remain in force
and effect to and including June 1, 1963; and where such
property is situated in Anne Arundel County or in Balti-
more County and is desired by Anne Arundel or Baltimore
County, Maryland, respectively, the County Council of said
county may provide for the appointment of an appraiser
or appraisers by a Court of Record to value such property
and that upon payment of the amount of such evaluation,
to the party entitled to compensation, or into Court, and
securing the payment of any further sum that may be
awarded by a jury, such property may be taken; and where
such property is situated in Montgomery County and in the
judgment of and upon a finding by the County Council of
said County that there is immediate need therefor for right
of way for County roads or streets, the County Council may
provide that such property may be taken immediately upon
payment therefor to the owner or owners thereof, or into
court, such amount as a licensed real estate broker appointed
by the County Council shall estimate to be the fair market
value of such property, provided that the Council shall
secure the payment of any further sum that may subse-
quently be awarded by a jury. This Section 40A shall not
apply in Montgomery County if the property actually to be

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Maryland Manual, 1967-68
Volume 173, Page 707   View pdf image (33K)
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